Underage drinkers get one-time break under new state law

By
Mindy Norton, The Morning Sun

Monday, January 15, 2018

Changes in state law regarding underage drinkers are a second chance, of sorts, for those caught.

But only if it’s a first offense.

A new state law, which took effect on New Year’s Day, makes it a civil infraction for those 17 to 20 who are charged with minor in possession of alcohol. Previously, an MIP, as it is commonly known, was a misdemeanor, which could show up on a person’s record for years to come.

Nevertheless, the law might not have as big of an effect in Isabella County, because the county already had a program in place to help first offenders.

Under the new state law, being cited for MIP could result in a $100 fine, for first offense. Under the previous law, it was a misdemeanor, with a fine.

The law still makes it a misdemeanor for second offense. That will be a misdemeanor with a penalty of up to 30 days in jail and a $200 fine. Third offense could result in 60 days in jail, up to a $500 fine and possible revocation of the person’s driver’s license.

In Mt. Pleasant, the number of people cited for MIP in possession under the previous law already was declining, according to Jeff Browne, public information officer for Mt. Pleasant Department of Public Safety.

There were 333 in 2013, 183 in 214, 162 in 2015, 199 in 2016 and 120 in 2017, according to Browne.

He noted that big events, such as Western Weekend, result in more parties. CMU plays Western Michigan in football at home every other year, with the last game occurring in 2016.

“This law will have little impact on how we police,” he said.

“I really didn’t see any issues with the prior law to facilitate a change in the law,” Browne added. “I know part of the concern was individuals receiving misdemeanor records under the old law. We had a diversion that allowed first offense to go through a program so you wouldn’t end up with a criminal record.”

Starting in 2015, the city began cracking down on large parties, such as at the start of the college school year and on Western Weekend, that were getting out of control. Included in the five-year plan was less tolerance of nuisance parties, for example.

Browne said this new law will not change their strategy.

“This law change will not change the way we do business or how we will handle parties,” he said. “We will continue to stick to our five-year plan for the beginning of the semester and for the school year.”

The Detroit Free Press, in a recent article, cited Michigan State Police statistics that show from 2009 to 2013, 38,499 people under the age of 21 were cited for some sort of minor in possession charge.

The bill’s sponsor in the state Senate, Sen. Rick Jones, R-Grand Ledge, has said the reason he pushed for the change was in part because the diversion program was not consistent throughout the state.

“Some courts would offer a deal... take an alcohol class then we’ll reduce it to nothing, basically, you’ll have no record. Other courts were wildly different,” Jones told MLive.

Sara Spencer-Noggle, a Mt. Pleasant defense attorney who is the Managed Assigned Counsel system’s administrator in Isabella County, said she considers the change in the law a positive one.

“In the past, the first minor in possession charge was a misdemeanor, which meant that the underage drinker could potentially end up with a criminal record,” she said. “Having a criminal record is bad for many reasons. For example, it can affect a person’s prospects for employment, schooling and other future efforts to better their lives. Many of the people charged with minor in possession are college students. Having a criminal record could be very problematic for their future.”

She noted that previously, someone with a first offense could take part in a diversion program, if it was their first offense.

“It worked as a period of probation which, if the person successfully completed it, resulted in the MIP charge being dismissed and his or her record being cleared,” she said. “However, probation can be a burden on people’s lives. This is especially true for a college student who is trying to meet the demands of schooling, and perhaps employment, as well as the court-ordered probation.

“But, if they successfully completed the probation, the criminal charge went away. This would certainly be an incentive to be a good probationer. And, many people have argued that the threat of a criminal record and the requirements of probation would teach a strong lesson to the underage drinker not to repeat that action in the future. But, given the number of repeat offenders who committed MIP over and over again, I am not sure that it really served as a deterrent from underage drinking.”

Spencer-Noggle said that it is her understanding that the court can still order an underage drinker, who receives a civil infraction, to do substance-abuse related services and community service.

“Therefore, the law seems to preserve the deterrent aspect of the former misdemeanor charge, and the opportunity for treatment if necessary. These really are the most important factors when dealing with underage substance abuse,” she said.

Spencer-Noggle said it appears the diversion program will still be available for MIP second offense. “This means that the court again has the opportunity to order the underage drinker to receive treatment. This time, the threat of a criminal record hangs over his or her head, as an additional incentive to take advantage of treatment. If the court allows the young person to have the diversion program, and he or she successfully completes the programming, the misdemeanor may again be avoided.”

As a result of the changes in state law, the City of Mt. Pleasant also made changes in its ordinances to make them consistent with the new law.